I’m querying the application of the following extract from a Z Clause, relating to mandatory use of our supply chain Frameworks. The supply chain Frameworks are approved lists of suppliers of materials and services which our CDPs (Construction Delivery Partners) are required to use.
I read the following Z Clause to mean that if a CDP Subcontracts some portion of the Works - which involves the obtaining of Plant and Materials, Services or Equipment - then the Subcontractor would still have to use the Frameworks. My justification for this is Clause 26.1, applying back-to-back conditions to Subcontracts. The CDP interprets the Clause to mean that it is the Subcontract which is being obtained, and not the Plant and Materials, Services or Equipment. As such the Subcontractor is not required to use the Frameworks, as it does not say that the CDP must use a Framework for Subcontracts. The extract from the Z Clause is given below - any thoughts?
"The CDP shall to the extent provided for under the framework contracts obtain:
• items of plant and materials;
• services; or
for the works from the appropriate supplier listed under the Employer’s framework contracts"